Termination of employment is the ending of the employment relationship. Where it arises from the conduct of the employer, albeit a failure to affect a genuine redundancy or constructive dismissal – where the employee resigns due to the conduct of the employer- this can give rise to an unfair dismissal claim.
An unfair dismissal claim is dealt with in the Fair Work Commission under the terms of the Fair Work Act 2009 (Cth). For employees protected from unfair dismissal a claim in the Fair Work Commission can be substantially quicker and more cost effective than an action alleging breach of contract, which is the remedy available for employees not protected from unfair dismissal.
NOTE: A time limit applies for the filing of an unfair dismissal remedy in the Fair Work Commission (as at January 2023 it is 21 days after the dismissal took effect). A filing fee also applies (with exceptions) to the filing of an unfair dismissal remedy (as at January 2023 it is $77.80).